HB-5836, As Passed House, September 27, 2012
August 15, 2012, Introduced by Rep. Jenkins and referred to the Committee on Banking and Financial Services.
A bill to amend 1978 PA 322, entitled
"An act to authorize financial institutions to make electronic
funds transfer terminals available to their customers; to protect
the privacy and security of customers; to prohibit unfair
discrimination among financial institutions and monopolistic
practices in the use and availability of electronic funds transfer
terminals; to prescribe remedies; and to prescribe penalties,"
by amending section 2 (MCL 488.2), as amended by 2003 PA 220.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. (1) "Available" means and includes all deposit account
functions
which that are performed from time to time by the
particular electronic funds transfer terminal.
(2) "Bank" means that term as defined in section 1201 of the
banking code of 1999, 1999 PA 276, MCL 487.11201, or a national
banking association that is established under the laws of the
United
States having and has its main office in this state.
(3)
"Branch" , as it applies to:means any of the following:
(a)
A For a state credit union, means a branch as defined
in
section 102 of the credit union act, 2003 PA 215, MCL 490.102, and
a service center as defined in section 103 of the credit union act,
2003 PA 215, MCL 490.103.
(b)
A For a federal credit union, means a branch place
of
business
as defined in section 101 of the
federal credit union act,
chapter
750, 48 Stat. 1216, 12 U.S.C. USC 1752,
and applicable
regulations.
(c)
A For a state savings and loan association, means a
branch
office as defined in former section 112 of the savings and loan act
of
1980, former 1980 PA 307, MCL 491.112, and also includes
an
agency as defined in former section 106 of the savings and loan act
of
1980, former 1980 PA 307, MCL 491.106, that is established
before
the effective date of this act.January
1, 1979.
(d)
A For a federal savings and loan association, means a
branch office as defined by the regulations of the federal home
loan
bank board pursuant to the federal home loan bank act, chapter
522,
47 Stat. 725, 12 USC 1421 to
1449, but does not include a
mobile facility, satellite office, or an agency established after
the
effective date of this act.January
1, 1979.
(e)
A For a state bank, means a branch as defined in
section
1201 of the banking code of 1999, 1999 PA 276, MCL 487.11201.
(f)
A For a national banking association, means a branch place
of
business as defined in 12 U.S.C.
USC 36.
(4) "Consumer finance company" means a licensee under the
House Bill No. 5836 as amended September 27, 2012
regulatory loan act, 1939 PA 21, MCL 493.1 to 493.24.
Enacting section 1. This amendatory act takes effect December
31, 2012.
[Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5835 of the 96th Legislature is enacted into law.
]